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All Outputs (243)

Rape Trials and Sexual History Evidence: reforming the law on third party evidence (2017)
Journal Article
McGlynn, C. (2017). Rape Trials and Sexual History Evidence: reforming the law on third party evidence. Journal of Criminal Law, 81(5), 367-392. https://doi.org/10.1177/0022018317728824

Despite repeated legislative attempts to restrict the use of sexual history evidence in rape trials, it continues to be admitted in many cases, causing considerable debate and leading to further attempts to reform the law. In this light, this article... Read More about Rape Trials and Sexual History Evidence: reforming the law on third party evidence.

Protecting judicial independence through appointments processes: learning from the Indian and South African experiences (2017)
Journal Article
Pillay, A. (2017). Protecting judicial independence through appointments processes: learning from the Indian and South African experiences. Indian Law Review, 1(3), 283-311. https://doi.org/10.1080/24730580.2018.1443692

In October 2015, by majority judgement, the Indian Supreme Court found the Constitutional (99th Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 to be unconstitutional. In a judgement that runs to over a thousand pages... Read More about Protecting judicial independence through appointments processes: learning from the Indian and South African experiences.

Using a Moot to Develop Students’ Understanding of Human Cloning and Statutory Interpretation (2017)
Journal Article
Pattinson, S. D., & Kind, V. (2017). Using a Moot to Develop Students’ Understanding of Human Cloning and Statutory Interpretation. Medical Law International, 17(3), 111-133. https://doi.org/10.1177/0968533217726350

This article reports and analyses the method and findings from a 3-year interdisciplinary project investigating how the medium of law can support understanding of socio-scientific issues. Law represents one of the most important means by which societ... Read More about Using a Moot to Develop Students’ Understanding of Human Cloning and Statutory Interpretation.

On 'The Horniman Walrus' (2017)
Journal Article
Nicholson, M. (2017). On 'The Horniman Walrus'. Northern Ireland Legal Quarterly, 68(3), 370-390

London and international environmental law. Drawing on my experience of reproducing this walrus in clay, it uses the walrus as a microcosm of international environmental law’s engagement with nature in the context of cultural and philosophical trends... Read More about On 'The Horniman Walrus'.

Rethinking the Structure of Free Movement Law: The Centralisation of Proportionality in the Internal Market (2017)
Journal Article
Van Leeuwen, B. (2017). Rethinking the Structure of Free Movement Law: The Centralisation of Proportionality in the Internal Market. European Journal of Legal Studies, 10(1), 235-265

This article analyses three important developments in EU free movement law from the perspective of the structure of free movement law. Each of these developments – market access, horizontal direct effect and the assimilation of justifications – is ca... Read More about Rethinking the Structure of Free Movement Law: The Centralisation of Proportionality in the Internal Market.

Market building and the Capital Markets Union: addressing information barriers in the SME funding market (2017)
Journal Article
Schammo, P. (2017). Market building and the Capital Markets Union: addressing information barriers in the SME funding market. European Company and Financial Law Review, 14(2), 271-313. https://doi.org/10.1515/ecfr-2017-0014

The Capital Markets Union (CMU) is one of the flagship policy initiatives of the Juncker Commission. The Commission’s strategy for realizing a CMU is set out in its White Paper on building a CMU. Besides describing the Commission’s vision of a CMU, t... Read More about Market building and the Capital Markets Union: addressing information barriers in the SME funding market.

Criminal Records and Human Rights (2017)
Journal Article
Campbell, L. (2017). Criminal Records and Human Rights. Criminal law review, 2017(9), 696-702

Discusses the challenges of balancing the retention of individuals' criminal records against their rights to privacy under ECHR art.8. Examines the complex legislative framework governing retention of data on convictions and cautions, the challenge t... Read More about Criminal Records and Human Rights.

Directors’ and Officers’ Insurance in the UK (2017)
Journal Article
Mukwiri, J. (2017). Directors’ and Officers’ Insurance in the UK. European Business Law Review, 28(4), 547-573

This paper examines the significance of the directors’ and officers’ (D&O) insurance policies in the UK. It argues that the significance of D&O policies lies in D&O policies being commercial than legal tools for directors. When third parties sue a di... Read More about Directors’ and Officers’ Insurance in the UK.

Bridging the Gap: A Status Report on Company Law in the CARICOM Region with Recommendations for Reform (2017)
Presentation / Conference Contribution
Ashby, L. (2017, July). Bridging the Gap: A Status Report on Company Law in the CARICOM Region with Recommendations for Reform. Paper presented at Company Law Reform Seminar, Cave Hill, Barbados

Lana Ashby (Key Note Speaker) The IMPACT Justice Project hosted a Company Law Reform Seminar on Tuesday, July 4th, 2017 in the Shell Suite of the Solution Centre, The University of the West Indies (UWI), Cave Hill Campus. The seminar, which was atten... Read More about Bridging the Gap: A Status Report on Company Law in the CARICOM Region with Recommendations for Reform.